First Nations children and families have won an historic human rights victory.First Nations Child and Family Caring Society of Canada et al. v. Attorney General of Canada (for the Minister of Indian and Northern Affairs Canada)

The Canadian Human Rights Tribunal’s Decision.http://decisions.chrt-tcdp.gc.ca/chrt-tcdp/decisions/en/item/127700/index.do"Panel finds the Complainants have presented sufficient evidence to establish a prima facie case of discrimination under section 5 of the CHRA. Specifically, they prima facie established that First Nations children and families living on reserve and in the Yukon are denied [s. 5(a)] equal child and family services and/or differentiated adversely [s. 5(b)] in the provision of child and family services."

"The Panel acknowledges the suffering of those First Nations children and families who are or have been denied an equitable opportunity to remain together or to be reunited in a timely manner. We also recognize those First Nations children and families who are or have been adversely impacted by the Government of Canada’s past and current child welfare practices on reserves."- - -

January 26, 2016

Assembly of First Nations Welcomes Historic Decision by Human Rights Tribunal, Calls for Action Now to Achieve Fairness for First Nations Children and Families

(Ottawa, ON): Assembly of First Nations (AFN) National Chief Perry Bellegarde welcomes today’s decision by the Canadian Human Rights Tribunal (CHRT) for the federal government to jointly develop a new system of child welfare for First Nations on reserve and is calling for immediate action by the federal government to work with First Nations to ensure safety, fairness and equity for First Nations children and families.

In a highly anticipated decision released this morning, the CHRT states the Government of Canada has discriminated against First Nations children and families on reserve since the beginning of residential schools and requires the federal government to work with parties to the case to identify a process for remedy, which includes returning to the CHRT in coming weeks for an order on remedies.

“Today the kids win. Today the children are put first,” said AFN National Chief Perry Bellegarde. “This ruling is nine years in the making. That is a full generation of children waiting for justice and fairness, not to mention the decades of discrimination that has created the gap between First Nations and Canadians. First Nations are ready to work together with the federal government to develop a new system of child and family services as directed by the CHRT, and this includes immediate relief funding for First Nations children and families and a new collaborative approach to a funding formula that is responsive to needs, reflective of regional diversity and respects fundamental human rights. We cannot wait any longer to close the gap, and I look forward to seeing how the next federal budget will support safety, fairness and equity for First Nations children and families.”

In a highly anticipated decision released this morning, the CHRT found the federal government is discriminating against First Nations children and families on reserve by providing flawed and inequitable child welfare services for decades. The decision further states that the Government of Canada has failed to fully implement Jordan’s Principle, which is meant to ensure equitable access to government services available to other children in Canada.

The decision also requires the federal government to work with the parties to identify a process for remedy, which includes returning to the CHRT in coming weeks for an order on remedies.

The AFN is seeking immediate funding relief for First Nations children and families based on real needs and reflective of regional diversity and the establishment of an oversight mechanism to ensure equity and fairness are achieved, and maintained.

“The importance of this decision cannot be over-stated and we would like to thank AFN’s witnesses Elder Robert Joseph, Dr. Amy Bombay and Dr. John Milloy for presenting evidence on historic disadvantage resulting from Indian Residential Schools,” said AFN Manitoba Regional Chief Kevin Hart who is responsible for the child welfare portfolio at AFN. “The AFN lifts up our partner in this work, Cindy Blackstock of the First Nations Child and Family Caring Society of Canada, for her long-standing commitment and dedication to achieving equity for our kids. This is about our children, our families and our future, and we will be relentless in our efforts to ensure they have every opportunity to justice, fairness and success.”

“This is a great day for everyone who believes in fairness and justice for children” said Cindy Blackstock, Executive Director of the First Nations Child and Family Caring Society of Canada. “The Truth and Reconciliation Commission’s top call to action is to end the dramatic over-representation of Aboriginal children in foster care by reforming child welfare and ensuring equitable resources for culturally based services. Today’s landmark decision signals an end to the federal government’s long and tragic history of discriminating against First Nations children in ways that needlessly separate them from their families. It is essential that the federal government immediately implement the ruling and end inequalities in other First Nations children’s services such as education, health and basics like water and housing.”

The AFN and the First Nations Child and Family Caring Society jointly filed the complaint to the Canadian Human Rights Tribunal in February 2007 alleging the provision of First Nations child and family services by the Government of Canada was flawed, inequitable and thus discriminatory under the Canadian Human Rights Act. The joint complaint states that the Government of Canada has a longstanding pattern of providing inequitable funding for child welfare services for First Nations children on reserves compared to non-Aboriginal children. The impacts are many, including the staggering statistic that there are more First Nations children in care today than at the height of the residential schools system. Hearings took place between February 2013 and October 2014 involving 25 witnesses and more than 500 documents filed as evidence.

Internal federal government documents estimate the child welfare funding shortfall to be 34.8 percent and link this inequity to children going into foster care because their families are not provided equitable support services.

The federal government has 20 days from the date of decision to appeal.

BC First Nations Applaud Canadian Human Rights Tribunal:Federal Government must take immediate action to address inequalities in First Nations Child and Family Funding

Coast Salish Traditional Territory (Vancouver) – First Nations Summit leaders are applauding today’s decision by the Canadian Human Rights Tribunal in First Nations Child & Family Caring Society of Canada et al. v. Attorney General of Canada (for the Minister of Indian and Northern Affairs Canada) - which has confirmed that funding provided by the federal government for on-reserve First Nations child and family services through the Department of Indigenous and Northern Affairs (INAC) is both disproportionate as well as discriminatory.

“The Canadian Human Rights Tribunal has confirmed what we have known for many years, the federal government has been failing to provide adequate and equitable funding for child welfare services for on-reserve children. This is unacceptable and intolerable, especially considering there is already a shortfall in overall funding and capacity”, said Grand Chief Edward John of the First Nations Summit (FNS) political executive.

“We encourage the Liberal government to heed this important decision and take immediate steps implement all of the recommendations put forth by the First Nations Child & Family Caring Society (FNCFCS) and Assembly of First Nations (AFN) to address the fiscal inequities, deficiencies in human resource capacity and overall child and family funding insufficiencies are fully addressed”, added Chief John.

“We commend the work of the FNCFCS and the AFN for bringing forward these complaints to the Canadian Human Rights Tribunal in an effort to shine a light on these important issues and for being a voice for our children. In particular, we commend the steadfast determination and hard work of Dr. Cindy Blackstock, Executive Director of FNCFCS, who, despite federal intimidation and harassment, was undeterred in her resolve to fight for equitable and appropriate funding for First Nations child welfare for our kids across Canada”, added Cheryl Casimer, also of the FNS political executive.

In an extensive pre-election letter to the First Nations Leadership Council (FNLC) dated October 8, 2015, the Liberal Party of Canada wrote;

“It is profoundly disappointing that the Assembly of First Nations and the First Nations Child and Family Caring Society had to turn to the Canadian Human Rights Commission to seek justice and equality of child and family services on reserve. A Liberal government will immediately remove the 2 per cent funding cap on First Nations programs and will ensure that all First Nations receive equitable funding for child and family services on reserves. When it comes to deciding where investments should be made, we will look to First Nations’ communities and leadership for guidance. First Nations communities know best what will work for them and a Liberal government will be a willing partner to implement First Nations led approaches to the challenges they face. We are open to extending the Enhanced Prevention Focused Approach for child welfare funding to British Columbia, if that is the approach BC First Nations themselves decide would best meet their needs.

Liberals also know that, if we are to truly deal with the over representation of Indigenous children in care, we must also address the root causes - including high levels of poverty and a disproportionate lack of educational and economic opportunities for Indigenous people in Canada. The Harper government has slashed federal resources for First Nations communities and over $1 billion of government funding intended for Indigenous Peoples has been allowed to lapse since 2009. In contrast, a Liberal government will invest an additional $2.6 billion in core First Nations education over the next four years, and establish a new broader fiscal relationship with the Crown that provides First Nations communities with sufficient, predictable, and sustained funding, which reflects the actual costs of program delivery. A Liberal government will immediately re-engage with First Nations in a renewed, respectful and inclusive Nation-to-Nation process to advance progress on priorities identified by First Nations, including housing, infrastructure, health and mental health care, community safety and policing, child welfare, and education. We will make sure the Kelowna Accord – and the spirit of reconciliation that drove it – is embraced, and that its objectives are met in line with today’s challenges.”

“In light of today’s decision of the Canadian Human Rights Tribunal, we challenge Prime Minister Justin Trudeau and Dr. Carolyn Bennett, Minister of INAC, to immediately follow through on the important commitments outlined in the October 8th Liberal Party of Canada letter to the FNLC and to work with First Nations and Indigenous organizations across Canada to establish the short and long term fiscal and capacity building plans that our children so desperately need. Our children must never again be used as pawns within the federal fiscal framework”, concluded Robert Phillips of the FNS political executive.

Background

In 2007, the First Nations Child and Family Caring Society of Canada and the Assembly of First Nations filed a human rights complaint against the federal government, alleging that Canada’s failure to provide equitable and culturally based child welfare services to First Nations children on-reserve amounts to discrimination on the basis of race and ethnic origin. After several unsuccessful efforts by the federal government to have the case dismissed on legal technicalities, a hearing on the complaint began on February 25, 2013 at the Canadian Human Rights Tribunal and was completed on October 24, 2014.

The Canadian Human Rights Commission welcomes the Canadian Human Rights Tribunal’s decision in the First Nations child welfare case and issues the following statement:

“This historic decision confirms that the current First Nations Child and Family Services Program, and how it is funded, is discriminatory.

“Too many children living in First Nations communities are being taken from their families and placed in care. These families receive inadequate services when compared to families off reserve.

“It is our hope that this decision will be the start of a new era in Canada. One where every child—no matter who they are or where they live—has the same opportunity to grow up safe, with the love and support of their families.

“This decision sends a strong message to Indigenous people. It reaffirms that the Canadian Human Rights Act can help close the gap between the quality of life experienced by Indigenous people and non-Indigenous people in Canada.”

“The Tribunal has made it clear: every child in Canada deserves the same opportunity to grow up safe and with their family. That’s what equality is about.” —Marie-Claude Landry, Ad. E., Chief Commissioner of the Canadian Human Rights Commission

“This decision confirms that in Canada, when a family needs support, who they are or where they live should not be a factor. It is about what’s best for children.”—Marie-Claude Landry, Ad. E., Chief Commissioner of the Canadian Human Rights Commission

“This historic decision could have a profound impact on how the Government of Canada funds other on-reserve programs and services.”—Marie-Claude Landry, Ad. E., Chief Commissioner of the Canadian Human Rights Commission

Statement on the Canadian Human Rights Tribunal Decision on First Nations Child and Family ServicesOTTAWA, ONTARIO (January 26, 2016) – The Honourable Carolyn Bennett, Minister of Indigenous and Northern Affairs, and the Honourable Jody Wilson-Raybould, Minister of Justice and Attorney General of Canada, welcomed the decision of the Canadian Human Rights Tribunal on the Assembly of First Nations and First Nations Child and Family Caring Society of Canada human rights complaint with the following statement:

“We thank the Canadian Human Rights Tribunal for rendering such an important decision on the welfare of First Nations children in Canada.

This Government believes that all First Nation communities deserve adequate program supports and funding to ensure the needs of our most vulnerable members of society -First Nation children on reserve, are being met.

The Tribunal has made it clear that the system in place today is failing. In a society as prosperous and as generous as Canada, this is unacceptable. This Government agrees that we can and must do better.

The Prime Minister has tasked us to work with Indigenous Peoples to establish a nation-to-nation relationship, based on recognition of rights, respect, and co-operation, and partnership to make real progress on the issues like child welfare.

We must address the inexcusable number of children in care and make real progress on the social outcomes for children by working with First Nations leaders and communities, provincial and territorial partners. Child and family services issues are complex and require constructive dialogue through a renewed relationship built on trust and partnership. Together, we will make the right changes for better outcomes for First Nations children.

We would also like to recognize the work done by Cindy Blackstock and the First Nations Child and Family Caring Society, the Assembly of First Nations, and other organizations to understand the complex and deeply-rooted issues surrounding the needs of indigenous children in care. As we work together on improving the well-being and opportunities of First Nation children across the country, we will need the help and collaboration of all those involved in child and family services issues.”

FNHC Welcomes Opportunity to Implement Historic Human Rights Decision for First Nations Children in BCDate: January 26th, 2016For Immediate Release

Coast Salish Territory – It took nearly a decade for the decision to wind its way through the courts. Today, the Canadian Human Rights Tribunal (CHRT) confirmed that flawed funding formulas for on-reserve child and family services have resulted in inequitable levels of service for First Nations children and their families. The CHRT ruled this is a discriminatory policy and the First Nations Health Council (FNHC) in British Columbia agrees.

The FNHC expresses its gratitude to Assembly of First Nations – Phil Fontaine, Shawn Atleo, and Perry Bellegarde. Our national advocacy organization stepped up and advocated for children and families. The human rights complaint was first launched in 2007 but dismissed in 2011 by the CHRT. In 2012 the federal court overturned the decision of the Tribunal calling for a full hearing. The hearing consisted of 500 exhibits and heard from 25 witnesses. The FNHC applauds national political leaders for a decade of legal and political support advancing the issue.

The FNHC commends Cindy Blackstock and the Caring for First Nations Children Society for their tireless efforts to advance this complaint. “Cindy Blackstock is a national hero,” said Warner Adam, Deputy Chair of the FNHC. “The federal government obstructed Ms. Blackstock and this case for nine years and because of Cindy’s persistence today is a more hopeful day for all of us especially for our most vulnerable children who continue to be in care of the state.”

This is a historic decision, and the FNHC welcomes the opportunity to work with First Nations and government partners to implement the findings here in BC. On October 1, 2015 leadership from the Union of BC Indian Chiefs, First Nations Summit, BC Assembly of First Nations, and FNHC signed a Protocol on the Social Determinants of Health. This protocol provides a clear process for BC to respond to the CHRT findings and implement recommendations for the benefit of First Nations children and families.

“It’s up to us to ensure speedy implementation here in BC,” said Grand Chief Doug Kelly, Chair of the FNHC. “The conditions underlying this decision continue with real human costs every day for our children and grandchildren. We have the tools, we have the relationships – it is time to act. We are at the table with the BC Government working on a Memorandum of Understanding. In this MOU, we are setting out a partnership and collaboration model for this work based upon our very successful health partnership.”

The FNHC is working with the Province of BC to coordinate action to address and improve the health and wellness of BC First Nation communities. The FNHC is looking to seek similar relationship with the Federal government to address the broader Social Determinants.

First Nations Summit Chiefs Call on Canada to uphold and implement Canadian Human Rights Tribunal decision to address inequalities in First Nations Child and Family Funding

Coast Salish Traditional Territory (Vancouver) – First Nations Summit (FNS) Chiefs in Assembly have approved a resolution today calling on the federal Liberal government to uphold and implement, and NOT appeal, the recent Canadian Human Rights Tribunal decision which recognizes the inequalities in First Nations Child and Family Funding.

The FNS resolution states;

THEREFORE BE IT RESOLVED:

That the First Nations Summit Chiefs in Assembly urge the federal government to:

a. not appeal, but uphold the landmark Canadian Human Rights Tribunal ruling in First Nations Child & Family Caring Society of Canada et al. v. Attorney General of Canada (for the Minister of Indian and Northern Affairs Canada), 2016 CHRT 2; and

b. take immediate steps to implement all of the recommendations put forth by the First Nations Child & Family Caring Society and the Assembly of First Nations to address the fiscal inequities, deficiencies in human resource capacity and overall child and family funding inadequacies.

The FNS is encouraging Prime Minister Justin Trudeau, Jody Wilson-Raybould, Minister of Justice and Dr. Carolyn Bennett, Minister of INAC, to fully implement all recommendation contained in the decision and to immediately work with First Nations to establish the short and long term fiscal and capacity building plans that First Nations children need.

Background

On January 26, 2016, the Canadian Human Rights Tribunal (Tribunal) issued its decision regarding a complaint filed in February 2007 by the First Nations Child and Family Caring Society (Caring Society) and the Assembly of First Nations (AFN), alleging that the Department of Indian and Northern Affairs’(INAC) provision of First Nations Child and Family Services (FNCFS) and implementation of Jordan’s Principle is flawed, inequitable and thus discriminatory under the Canadian Human Rights Act.

The Tribunal found that the FNCFS Program denied services to many First Nations children and families living on-reserve and resulted in adverse impacts for them because it was based on flawed assumptions about First Nations communities that did not reflect the actual needs of those communities. The Tribunal also found that the FNCFS Program’s two main funding mechanisms incentivized removing First Nations’ children from their families.

The Tribunal also found that INAC’s narrow interpretation and implementation of Jordan’s Principle results in service gaps, delays or denials, and overall adverse impacts on First Nations children and families on-reserve. Jordan’s Principle is a child-first principle that provides that, in the matter of public services available to all other children, where jurisdictional disputes arise between Canada and a province/territory, or between government departments in the same government, the government or department of first contact pays for the service, and can seek reimbursement from another government or department after the fact.

For further resources, including backgrounders and recommendations, please visit: www.fnwitness.ca.

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The First Nations Summit speaks on behalf of First Nations involved in treaty negotiations in British Columbia. The Summit is also a NGO in Special Consultative Status with the Economic and Social Council of the United Nations. Further background information on the Summit may be found at www.fns.bc.ca.